BILL NUMBER: SB 298	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Wyland and Walters

                        FEBRUARY 15, 2013

   An act to amend Section 53069.8 of the Government Code, relating
to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 298, as introduced, Wyland. Local government: supplemental law
enforcement services.
   Existing law provides that a board of supervisors of a county, and
a legislative body of a city, may contract to provide supplemental
law enforcement services to private individuals or entities at
special events or occurrences.
   This bill would authorize a board of supervisors of a county, and
a legislative body of a city, to contract to provide supplemental law
enforcement services to a homeowners' association on an occasional
or ongoing basis.
   Existing law provides that a contract entered into by a board of
supervisors of a county or a legislative body of a city to provide
supplemental law enforcement services shall encompass only law
enforcement duties and not services authorized to be provided by a
private patrol operator, as defined.
   This bill would delete that restriction.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 53069.8 of the Government Code is amended to
read:
   53069.8.  (a) The board of supervisors of  any 
 a  county may contract on behalf of the sheriff of that
county, and the legislative body of  any   a
 city may contract on behalf of the chief of police of that
city, to provide supplemental law enforcement services to:
   (1) Private individuals or private entities to preserve the peace
at special events or occurrences that happen on an occasional basis.
   (2) Private nonprofit corporations that are recipients of federal,
state, county, or local government low-income housing funds or
grants to preserve the peace on an ongoing basis.
   (3) Private entities at critical facilities on an occasional or
ongoing basis.  A "critical   "Critical 
facility" means  any   a  building,
structure, or complex that in the event of a disaster, whether
natural or manmade, poses a threat to public safety, including, but
not limited to, airports, oil refineries, and nuclear and
conventional fuel powerplants. 
   (4) Homeowners' associations on an occasional or ongoing basis.
"Association" has the same meaning as defined in subdivision (a) of
Section 1351 of the Civil Code. 
   (b) Contracts entered into pursuant to this section shall provide
for full reimbursement to the county or city of the actual costs of
providing those services, as determined by the county auditor or
auditor-controller, or by the city  , as the case may be
 .
   (c) (1) The services provided pursuant to this section shall be
rendered by regularly appointed full-time peace officers, as defined
in Section 830.1 of the Penal Code.
   (2) Notwithstanding paragraph (1), services provided in connection
with special events or occurrences, as specified in paragraph (1) of
subdivision (a), may be rendered by Level I reserve peace officers,
as defined in paragraph (2) of subdivision (a) of Section 830.6 of
the Penal Code, who are authorized to exercise the powers of a peace
officer, as defined in Section 830.1 of the Penal Code, if there are
no regularly appointed full-time peace officers available to fill the
positions as required in the contract.
   (d) Peace officer rates of pay shall be governed by a memorandum
of understanding. 
   (e) A contract entered into pursuant to this section shall
encompass only law enforcement duties and not services authorized to
be provided by a private patrol operator, as defined in Section
7582.1 of the Business and Professions Code.  
   (f) 
    (e)  Contracting for law enforcement services, as
authorized by this section, shall not reduce the normal and regular
ongoing service that the county, agency of the county, or city
otherwise would provide. 
   (g) 
    (f)  Prior to contracting for ongoing services under
paragraph  (2) or   (2),  (3)  , 
 or (4)  of subdivision (a), the board of supervisors or
legislative body, as applicable, shall discuss the contract and the
requirements of this section at a duly noticed public hearing.